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Prevention and Control of Infectious Diseases               1




     LAWS OF MALAYSIA
                           REPRINT



                          Act 342

PREVENTION AND CONTROL OF
    INFECTIOUS DISEASES
          ACT 1988
  Incorporating all amendments up to 1 January 2006




                            PUBLISHED BY
            THE COMMISSIONER OF LAW REVISION, MALAYSIA
         UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
                       IN COLLABORATION WITH
                 PERCETAKAN NASIONAL MALAYSIA BHD
                                2006
2




            PREVENTION AND CONTROL OF
            INFECTIOUS DISEASES ACT 1988


Date of Royal Assent       ... ... ... … …         13 August 1988

Date of publication in the Gazette … ...           8 September 1988




                          PREVIOUS REPRINT

          First Reprint   ...   ...   ...   ...   ...   2001
3

                           LAWS OF MALAYSIA


                                      Act 342


                 PREVENTION AND CONTROL OF
                 INFECTIOUS DISEASES ACT 1988


                      ARRANGEMENT OF SECTIONS


                                       PART I

                                    PRELIMINARY

Section
  1.      Short title, application and commencement
  2.      Interpretation

                                       PART II

                               ADMINISTRATION

  3.      Appointment of authorized officers
  4.      Limitation of liability
  5.      Police assistance, etc.

                                      PART III

            PREVENTION OF IMPORTATION OF INFECTIOUS
                            DISEASE

  6.      Declaration of infected area
  7.      Entry into and examination of vehicles and the measures thereafter
  8.      Time for examination
  9.      Importation or exportation of human remains and pathogenic organism
          or substance

                                      PART IV

          CONTROL OF THE SPREAD OF INFECTIOUS DISEASE

 10.      Requirement to notify infectious disease
4                              Laws of Malaysia                    ACT 342
Section
    11.   Declaration of an infected local area
    12.   Infected persons not to act in a manner likely to spread infectious
          disease
    13.   Control of contaminated articles and infected animals
    14.   Isolation of infected persons and suspects
    15.   Observation or surveillance of contacts
    16.   Order for examination of corpse
    17.   Disposal of the dead
    18.   Disinfection and closure of premises
    19.   Destruction of structures
    20.   Selling or letting contaminated buildings
    21.   Power to order disinfection of certain vehicles


                                      P ART V

                        OFFENCES AND PENALTIES

    22.   Offences generally
    23.   Prosecution
    24.   General penalty
    25.   Compounding of offences


                                      P ART VI

                                MISCELLANEOUS

    26.   Requisition of premises
    27.   Seizure and disposal of contaminated articles, etc.
    28.   Recovery of costs and expenses
    29.   Exemption
    30.   Power to vary Schedule
    31.   Power to make regulations
    32.   Amendment
    33.   Repeals and savings
          FIRST S CHEDULE
          SECOND SCHEDULE
Prevention and Control of Infectious Diseases           5

                    LAWS OF MALAYSIA


                             Act 342


     PREVENTION AND CONTROL OF INFECTIOUS
               DISEASES ACT 1988


  An Act to amend and consolidate the law relating to the prevention
and control of infectious diseases and to provide for other matters
connected therewith.

                                          [Throughout Malaysia
                              —1 April 1989, P.U. (B) 179/1989]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:

                              PART I

                          PRELIMINARY

Short title, application and commencement

1. (1) This Act may be cited as the Prevention and Control of
Infectious Diseases Act 1988.

  (2) This Act shall come into force on a date to be appointed
by the Minister by notification in the Gazette; and the Minister
may appoint different dates for the coming into force of this Act,
or of different provisions thereof, in different parts of Malaysia.

Interpretation

2.   (1) In this Act, unless the context otherwise requires—

  “aircraft” includes every description of craft used in aerial
navigation;

  “airport” means any area of land, water or space designed,
equipped, set apart or commonly used for affording facilities for
6                         Laws of Malaysia                   ACT 342

the take-off and landing of aircraft and includes the roof of a
building which is designed, equipped or set apart for affording
facilities for the take-off and landing of aircraft;

  “article” means any non-living movable thing including food
and drugs and also includes fittings and fixtures;

  “authorized officer” means any Medical Officer of Health, any
health inspector, or any officer appointed by the Minister under
section 3;

    “boarding-house” includes—
      (a) a hotel;
      (b) a hostel; or
       (c) any institution of refuge or rest for persons needing care;

  “commander” means the person for the time being in command
of an aircraft or a ship;

  “contact” means any person who has been or is likely to have
been exposed to the risk of contracting an infectious disease,
including any person arriving from an infected area;

  “contamination” means the presence of agents of an infectious
disease on the surface of or in non-living things or on the body
surface of living things;

    “derat” means to render free from rodents;

    “Director General” means the Director General of Health;

    “disinfect” means to destroy or remove the agents of disease;

  “disinsecting” means the operation in which measures are taken
to kill noxious insects;

  “epidemic” means an extension of a disease by a multiplication
of cases in an area;

  “food” includes any substance consumed by human beings or
animals or any substance used in the composition or preparation
of any such substance and also includes flavouring matters and
condiments, but does not include drugs;
Prevention and Control of Infectious Diseases           7

  “health inspector” means any health inspector in the service of
the Government or of any local authority;

  “immunization” means the introduction of specific antigens or
antibodies into the human body with the object of conferring
immunity against the disease in question, and includes
vaccination;

   “infection” means the entry of agents of an infectious disease
into living things and the multiplication of such agents in living
things;

  “infectious disease” means any disease specified in the First
Schedule;

  “infested” means infested with rodents or noxious insects;

  “International Health Regulations” means the International Health
Regulations as adopted by the World Health Assembly in 1969 and
as amended from time to time;

  “isolation” when applied to a person or a group of persons
means the separation of that person or group of persons from other
persons, except the personnel in charge of the care and isolation
of such persons, in such a manner as to prevent the spread of
infection, and includes the treatment of that person or group of
persons;

   “Medical Officer of Health” means any medical practitioner in
the service of the Government or any local authority who is for
the time being carrying out the duties of a Medical Officer of
Health in any area, district, or local authority area, including the
airport and port limits thereof, and includes the Director General,
the Deputy Director General of Health, the Director of Health
Services, any Deputy Director of Health Services, any State Director
of Medical and Health Services, any State Deputy Director of
Medical and Health Services, the Sabah State Director of Medical
Services and his Deputy and the Sarawak State Director of Medical
Services and his Deputy;

  “medical practitioner” means a medical practitioner registered
under the Medical Act 1971 [Act 50];

  “noxious insect” means any arthropod carrying or causing or
capable of carrying or causing any infectious disease, and includes
the eggs, larvae and pupae of such arthropod;
8                        Laws of Malaysia                   ACT 342

  “observation” means the segregation of any contact or person
suspected of suffering from any infectious disease for the purpose
of ascertaining whether or not he is suffering from any infectious
disease, and includes the treatment of that person;

    “pathogenic organism or substance” includes—
       (a) any animal;
       (b) any noxious insect;
       (c) any living germ, microbe, bacteria or virus;
       (d) the culture of any germ, microbe, bacteria or virus; or
       (e) the product of any germ, microbe, bacteria or virus,
capable of causing any infectious disease;

  “port” means a seaport or an inland navigation port which is
normally frequented by ships;

  “premises” includes any structure, permanent or otherwise, the
land on which the structure is situated, and any adjoining land
used in connection therewith, and also includes any street, open
space or vehicle;

   “quarantine station” means any place where isolation or observation
is carried out and includes an infectious disease hospital and any
place declared by the Minister in the Gazette to be a quarantine
station;

    “ship” includes any vessel used in navigation by water;

   “surveillance” means the subjection of any person, who is not
isolated, to periodical examination or enquiry for the purpose of
ascertaining his state of health and to conditions imposed by an
authorized officer for such purpose;

  “treatment” includes all such acts and procedures as may be
necessary for the purpose of determining whether a person is
infected with an infectious disease;

  “vehicle” includes a ship, an aircraft, a train, a road vehicle and
any other means of transport.

  (2) Any reference to “airport” or “port” includes a reference to
any structure, permanent or otherwise, within the limits thereof.
Prevention and Control of Infectious Diseases           9

                              PART II

                          ADMINISTRATION

Appointment of authorized officers

3. (1) The Minister may appoint any suitable person to be an
authorized officer for the purposes of this Act.

  (2) An authorized officer shall, when acting within the scope
of his powers and duties under this Act, be deemed to be a public
servant within the meaning of the Penal Code [Act 574].

   (3) An authorized officer shall maintain the confidentiality of
all matters which come to his knowledge in the performance of
his official duties under this Act and shall not communicate any
such matter to any person except for the purpose of carrying into
effect the provisions of this Act.

  (4) An authorized officer who contravenes subsection (3) commits
an offence and is liable on conviction to imprisonment for a term
not exceeding three years or to a fine or to both.

Limitation of liability

4. (1) Nothing done by any authorized officer for the purpose of
executing this Act and the regulations made thereunder shall subject
the authorized officer personally to any action, liability, claim or
demand whatsoever.

  (2) Subsection (1) shall apply to any officer acting under
section 5.

Police assistance, etc.

5. Police, customs and immigration officers and officers from
other government departments and agencies shall render such
assistance as any authorized officer may request for the purpose
of enabling him to exercise the powers vested in him by this Act
or the regulations made under this Act.
10                        Laws of Malaysia                   ACT 342

                               PART III

               PREVENTION OF IMPORTATION OF
                    INFECTIOUS DISEASE

Declaration of infected area

6. (1) Whenever notification is received under the International
Health Regulations that an infected area exists outside Malaysia,
the Minister may by order in the Gazette declare such area to be
an infected area for the purposes of this Act.

  (2) Notwithstanding the provisions of subsection (1), the Minister
may, by order in the Gazette, declare any other area outside Malaysia
to be an infected area.

  (3) The Minister may, by regulations made under this Act,
prescribe the measures to be taken to prevent the introduction of
any infectious disease into Malaysia from an infected area.

Entry into and examination of vehicles and the measures
thereafter

7. (1) An authorized officer may—
     (a) enter into and medically examine any vehicle at any time
         upon its arrival in Malaysia;
     (b) medically examine any person, animal or article on board
         such vehicle; and
     (c) take such samples as may be necessary for the purpose
         of determining the sanitary condition of such vehicle or
         article or the state of health of such person or animal.

  (2) An authorized officer may order any part of any vehicle,
which he has reason to believe to be contaminated or infested, to
be disinfected, disinsected or deratted to that officer’s satisfaction.

  (3) If in the course of a medical examination under
subsection (1) an authorized officer finds or has reason to believe
that any person is infected or is a contact, he may order such
person —
     (a) to be removed to a quarantine station and detained therein
         for isolation or observation; or
Prevention and Control of Infectious Diseases          11

     (b) to be put under surveillance until such time as the disease
         is no longer communicable to others.

Time for examination

8. (1) Examinations under section 7 shall be conducted at such
reasonable time as may be determined by an authorized officer;
and the owner of any vehicle, or his agent or servant, shall make
such arrangements as may be required by the authorized officer
for the examinations to take place.

  (2) The owner of any vehicle, or his agent or servant, who
contravenes subsection (1) commits an offence.

Importation or exportation of human remains and pathogenic
organism or substance

9. (1) No person shall knowingly import into or export out of
Malaysia—
     (a) any human remains, human tissues or part thereof; or
     (b) any pathogenic organism or substance or part thereof,

except in accordance with regulations made under this Act.

  (2) Any person who contravenes subsection (1) commits an
offence.

  (3) When any person is charged under this section, he shall be
presumed to have knowingly imported or exported such human
remains, human tissues or part thereof or such pathogenic organism
or substance or part thereof until the contrary is proved.

                             PART IV

    CONTROL OF THE SPREAD OF INFECTIOUS DISEASE

Requirement to notify infectious disease

10. (1) Every adult occupant of any house in which any infectious
disease appears, and every person in charge of, or in the company
of, and every person not being a medical practitioner attending on,
any person suffering from or who has died of an infectious disease
12                        Laws of Malaysia                   ACT 342

shall, upon becoming aware of the existence of such disease, with
the least practicable delay notify the officer in charge of the nearest
district health office or government health facility or police station
or notify the nearest village head of the existence of such disease.

  (2) Every medical practitioner who treats or becomes aware of
the existence of any infectious disease in any premises shall, with
the least practicable delay, give notice of the existence of the
infectious disease to the nearest Medical Officer of Health in the
form prescribed by regulations made under this Act.

   (3) The person in charge of any boarding-house shall, with the
least practicable delay, notify the officer in charge of the nearest
district health office or government health facility or police station
if he knows or has reason to believe that any person in the boarding-
house is suffering from or has died of an infectious disease.

  (4) Any police officer or village head receiving notification
under this section shall, with the least practicable delay, notify the
officer in charge of the nearest district health office or government
health facility.

  (5) Any person who contravenes this section commits an offence.

   (6) When any person is charged under this section, he shall be
presumed to have known of the existence of the infectious disease
or to have had reason to believe that an infectious disease existed,
unless he shows to the satisfaction of the Court before which he
is charged that he did not know and could not with reasonable
diligence have obtained knowledge of the infectious disease or
that he did not have reason to believe that an infectious disease
existed.

Declaration of an infected local area

11. (1) If the Minister is satisfied that there is an outbreak of an
infectious disease in any area in Malaysia, or that any area is
threatened with an epidemic of any infectious disease, he may, by
order in the Gazette, declare such area to be an infected local area.

  (2) The Minister may, by regulations made under this Act,
prescribe the measures to be taken to control or prevent the spread
of any infectious disease within or from an infected local area.
Prevention and Control of Infectious Diseases           13

  (3) During the continuance in force of an order made under
subsection (1), it shall be lawful for any authorized officer to
direct any person or class or category of persons living in an
infected local area or in any part thereof to subject himself or
themselves—
     (a) to treatment or immunization;
     (b) to isolation, observation or surveillance, the period of
         which being specified according to circumstances; or
     (c) to any other measures as the authorized officer considers
         necessary to control the disease.

  (4) It shall be lawful for an authorized officer to use such force,
with or without assistance, as may be necessary and to employ
such methods as may be sufficient to ensure compliance with any
direction issued under subsection (3).

  (5) Any person who refuses to comply with any direction issued
under subsection (3) commits an offence.

Infected persons not to act in a manner likely to spread infectious
disease

12. (1) No person who knows or has reason to believe that he
is suffering from an infectious disease shall expose other persons
to the risk of infection by his presence or conduct in any public
place or any other place used in common by persons other than
the members of his own family or household.

  (2) No person who knows or has reason to believe that he is
suffering from any infectious disease specified in Part II of the
First Schedule shall do any act which he knows or has reason to
believe is likely to lead to the spread of such infectious disease.

  (3) Any person who contravenes this section commits an offence.

   (4) This section shall not apply to any person whose presence
or conduct in such place as mentioned in subsection (1) is necessary
for the purpose of obtaining medical treatment.
14                       Laws of Malaysia                   ACT 342

Control of contaminated articles and infected animals

13. (1) No person who knows or has reason to believe that any
article is contaminated or that any animal is infected or contaminated
shall give, lend, sell, transmit, use or expose such article or animal
without prior disinfection.

  (2) Any person who contravenes subsection (1) commits an
offence.

  (3) This section shall not apply to any person who transmits,
with proper precautions, any article or animal for the purpose of
having it disinfected.

Isolation of infected persons and suspects

14. An authorized officer may cause any person who is infected
or whom he has reason to believe to be infected to be removed
to a quarantine station for treatment and may detain the person at
the station until he can be discharged without danger to the public.

Observation or surveillance of contacts

15. (1) An authorized officer may order any contact to undergo
observation in such place and for such period as he may think fit,
or to undergo surveillance until he may be discharged without
danger to the public.

  (2) For the purposes of subsection (1), an authorized officer
may use such force as may be necessary to ensure compliance with
his order.

Order for examination of corpse

16. Whenever an authorized officer suspects that a person has
died of an infectious disease, he may order the corpse to be conveyed
to such place as he may appoint for such examination as he may
consider necessary.

Disposal of the dead

17. (1) Where—
     (a) a person has died or is suspected to have died of an
         infectious disease; and
Prevention and Control of Infectious Diseases           15

     (b) an authorized officer has given directions as to the manner
         in which the corpse of such person is to be buried or
         cremated,

no person shall bury or cremate such corpse otherwise than in
accordance with the directions of the authorized officer.

  (2) Any person who contravenes subsection (1) commits an
offence.

Disinfection and closure of premises

18. (1) If an authorized officer has reason to believe that there
has been a person with an infectious disease on any premises, or
that there exist on any premises conditions likely to lead to the
outbreak or spread of any infectious disease, he may do any or all
of the following:
     (a) examine or cause to be examined any person found on
         the premises with a view to ascertaining if the person is
         suffering or has been suffering from an infectious disease;
     (b) examine the premises and any article or animal on the
         premises with a view to ascertaining if they are
         contaminated or infected, as the case may be;
     (c) order the premises or any part thereof to be disinfected,
         disinsected and deratted;
     (d) order the premises or any part thereof to be closed until
         the premises have been thoroughly disinfected, disinsected
         and deratted;
     (e) order the disinfection of all contaminated articles and
         infected or contaminated animals on the premises or, if
         such article or animal is incapable of being thoroughly
         disinfected, order its destruction;
     (f) do any other act to prevent the outbreak or the spread of
         any infectious disease.

  (2) An authorized officer may at any time enter any premises
for the purpose of exercising the powers conferred upon him by
subsection (1).
16                        Laws of Malaysia                     ACT 342

Destruction of structures
19. (1) A Medical Officer of Health may order the destruction of
any structure where a case of infectious disease has occurred if the
structure is incapable of being thoroughly disinfected.

  (2) The Medical Officer of Health shall report to the Director
General every order made under subsection (1).

Selling or letting contaminated buildings
20. (1) Where an authorized officer is satisfied that there is or has
been a case of infectious disease in any building and that it is
necessary so to do, he may issue an order prohibiting any person
from selling or letting such building or any part thereof without
the certificate in writing of an authorized officer certifying that
such building, or part thereof, and articles therein—
      (a) have been disinfected to the authorized officer’s satisfaction;
          or
      (b) need not be disinfected,
as the case may be.

  (2) Any person who contravenes any order issued under subsection
(1) commits an offence.

  (3) For the purpose of this section, “letting” includes the admission
of any person into a boarding house as a paying lodger.

Power to order disinfection of certain vehicles
21. Where an authorized officer is satisfied that any vehicle has
been used to convey any person suffering from an infectious disease,
the authorized officer may cause such vehicle to be disinfected.


                                PART V

                    OFFENCES AND PENALTIES

Offences generally
22.   Any person who—
      (a) obstructs or impedes, or assists in obstructing or impeding,
          any authorized officer in the execution of his duty;
Prevention and Control of Infectious Diseases           17

     (b) disobeys any lawful order issued by any authorized officer;
     (c) refuses to furnish any information required for the purposes
         of this Act or any regulations made under this Act; or
     (d) upon being required to furnish any information under
         this Act or any regulations made under this Act, gives
         false information,

commits an offence.

Prosecution

23. Any authorized officer may appear in court and conduct any
prosecution with respect to any offence against this Act or any
regulations made under this Act.

General penalty

24. Any person guilty of an offence under this Act for which no
specific penalty is provided shall be liable on conviction—
     (a) in respect of a first offence, to imprisonment for a term
         not exceeding two years or to fine or to both;
     (b) in respect of a second or subsequent offence, to
         imprisonment not exceeding five years or to fine or to
         both;
     (c) in respect of a continuing offence, to a further fine not
         exceeding two hundred ringgit for every day during which
         such offence continues.

Compounding of offences

25. The Director General or any public officer authorized for this
purpose by him in writing may compound any offence under this
Act or any regulations made under this Act which has been prescribed
by regulations as compoundable by collecting from the offender
a sum of money not exceeding one thousand ringgit.
18                                Laws of Malaysia                               ACT 342

                                        PART VI
                                 MISCELLANEOUS

Requisition of premises

26. (1) Whenever it appears to the Director General necessary
for the carrying out of any of the provisions of this Act and the
regulations made under this Act, he may in writing authorize any
authorized officer to requisition temporarily any premises for such
period as in the opinion of the Director General is necessary.

  (2) Where any premises are requisitioned under subsection (1),
the premises shall be cleansed and disinfected before being returned
to the owner.

  (3) Where any premises are requisitioned under subsection (1),
the owner thereof shall be paid such compensation as may be
agreed between him and the Director General or, in default of
agreement, be determined by arbitration in accordance with the
provisions of the *Arbitration Act 1952 [Act 93].

Seizure and disposal of contaminated articles, etc.

27. (1) Without prejudice to any other power conferred under
this Act, an authorized officer may seize any article which is or
is likely to have been contaminated, or which contains or appears
to contain any pathogenic organism or substance, and may seize
any animal which is or is likely to have been infected or contaminated.

  (2) Where any article or animal seized under subsection (1) is
incapable of being thoroughly disinfected and the owner or the
person in whose possession the article or animal was at the time
of the seizure consents in writing to the destruction of the article
or animal, the article or animal may be destroyed or otherwise
disposed of as the authorized officer may direct.

  (3) Where any article or animal seized under subsection (1) is
incapable of being thoroughly disinfected and the owner or person
in whose possession the article or animal was at the time of the
seizure does not consent to the destruction of the article or animal,
the authorized officer shall apply to a Magistrate for an order for
the disposal of the article or animal and the Magistrate may make
*NOTE—Arbitration Act 1952 [Act 93] has since been repealed by Arbitration Act 2005 [Act 646]
w.e.f. 15 March 2006—see section 51 of Act 646
Prevention and Control of Infectious Diseases           19

such order as he may deem fit, including an order for the destruction
of such article or animal, notwithstanding that no one has been
charged with or convicted of any offence in connection with the
article or animal.

Recovery of costs and expenses

28. (1) The Government may recover from the owner of any
vehicle, or his agent or servant, any cost and expenses charged or
incurred by the Government under this Act or the regulations made
under this Act for all or any of the following:
     (a) the removal, medical attendance and maintenance of any
         person who is or is suspected to be suffering from an
         infectious disease and who is removed to any hospital or
         place from such vehicle for medical treatment or for
         isolation or observation;
     (b) the burial or cremation of any person who dies of an
         infectious disease on such vehicle, or who dies of an
         infectious disease after removal to hospital from such
         vehicle;
     (c) the cleansing, disinsecting, disinfection and deratting of
         such vehicle or of any part thereof;
     (d) the disposal of contaminated articles or infected or
         contaminated animals on such vehicle.

  (2) Any cost or expenses charged or incurred by the Government
under this Act or any regulations made under this Act may, without
prejudice to any other remedy, be recovered by civil proceedings
as a debt due to the Government.

Exemption

29. (1) The Minister may, by order published in the Gazette,
exempt—
     (a) any person or class of persons;
     (b) any article;
     (c) any vehicle;
     (d) any human remains, human tissues or part thereof;
20                      Laws of Malaysia                    ACT 342

     (e) any animal; or
     (f) any pathogenic organism or substance,

from the operation of any of the provisions of this Act or any
regulations made under this Act.

  (2) The Minister may, in making the order under subsection
(1), impose such conditions as he thinks fit.

Power to vary Schedule

30. The Minister may, from time to time, by order in the Gazette
delete any provision from or add to, alter or amend the provisions
of the First Schedule.

Power to make regulations

31. (1) The Minister may make regulations, in respect of the
whole or any part of Malaysia, including airports, ports, coastal
waters and land frontiers thereof, for carrying the provisions of
this Act into effect.

   (2) Without prejudice to the generality of the powers conferred
by subsection (1), regulations under this section may provide for
all or any of the following matters:
     (a) the establishment and maintenance of facilities on land
         or sea or at the common frontier of contiguous territories
         for health measures to be applied to local and international
         traffic;
     (b) regulating the entry and movement of any vehicle and
         prescribing the measures to which the vehicle shall be
         subject, to prevent the outbreak of infectious diseases;
     (c) regulating—
           (i) the entry of persons into, their movements within,
               and their departure from, Malaysia;
           (ii) the importation and exportation of articles;
          (iii) the importation and exportation of human remains,
                human tissues or part thereof;
Prevention and Control of Infectious Diseases              21

      (iv) the importation and exportation of pathogenic
           organisms and substances;
(d) regulating the sanitary standards required for ships and
    aircraft registered in Malaysia;
(e) regulating the sanitary standards required for ships and
    aircraft coming into Malaysia;
 (f) the duties to be performed by commanders and other
     persons who are or have been on board any vehicle, or
     who are desirous of boarding the vehicle, to prevent the
     spread of infectious diseases;
(g) regulating the sanitary standards required for ports, airports
    and their surroundings and the health standards of persons
    employed thereat;
(h) regulating quarantine procedures and the management of
    quarantine stations;
 (i) the detention, isolation and observation in a quarantine
     station of persons suffering from or suspected to be suffering
     from an infectious disease;
 (j) regulating the cleansing and disinfection of premises—
       (i) where there has been a case or suspected case of
           infectious disease; or
      (ii) which are suspected of being contaminated with
           the agents of infectious disease;

(k) regulating the removal and disinfection or destruction of
    articles which have been or are suspected to have been
    contaminated with the agents of infectious disease;
 (l) the prevention and control of the spread of infection by
     insects, rodents or other animals;
(m) prescribing sanitary standards and sanitary facilities for
    premises;
(n) the inspection of premises and articles therein;
(o) the collection and transmission of epidemiological and
    health information and the compulsory reporting of
    infectious diseases;
22                        Laws of Malaysia                   ACT 342

     (p) prescribing the fees to be paid under this Act and the
         regulations made under this Act;
     (q) the payment to the Government of any costs and expenses
         charged or incurred for the medical attendance and
         maintenance of persons removed to hospitals or quarantine
         stations;
      (r) prescribing offences which may be compounded and the
          procedure for compounding;
      (s) prescribing the forms to be used under this Act and the
          regulations made under this Act;
      (t) such other matters as may appear to the Minister advisable
          for the prevention or mitigation of infectious diseases.

Amendment

32. The Lepers Enactment of the Federated Malay States [F.M.S.
Cap. 180] is amended by repealing sections 4, 5, 6, 7, 8, 10,
subparagraph 11(iv), section 12, subparagraph 13(ii), sections 14,
15, 17, 19, 21 and 24 and the Schedule to the Enactment.

Repeals and savings

33. (1) The written laws set out in the Second Schedule are
repealed.

  (2) This repeal shall not affect anything duly done or suffered
or any right, privilege, obligation or liability acquired, accrued or
incurred under those written laws; and in particular (without prejudice
to the generality of the foregoing) any agreement, appointment,
approval, designation, notice or recognition made or given under
those laws shall continue in force and have effect as if it had been
made or given under this Act.
Prevention and Control of Infectious Diseases   23

                                  F IRST SCHEDULE
                                    [Section 2]
                            INFECTIOUS DISEASES
                                      PART I

   1.    Chancroid.
   2.    Cholera.
   3.    Dengue Fever and Dengue Haemorrhagic Fever.
   4.    Diphtheria.
   5.    Dysenteries (All forms).
  5A.    Ebola.
   6.    Food Poisoning.
   7.    Gonococcal Infections (All forms).
   8.    Leprosy.
   9.    Malaria.
  10.    Measles.
 10 A.   Myocarditis.
  11.    Plague.
  12.    Poliomyelitis (Acute).
  13.    Rabies.
  14.    Relapsing Fever.
  15.    Syphilis (All forms).
  16.    Tetanus (All forms).
  17.    Tuberculosis (All forms).
  18.    Typhoid and Paratyphoid Fevers.
  19.    Typhus and other Rickettsioses.
  20.    Viral Encephalitis.
  21.    Viral Hepatitis.
  22.    Whooping Cough.
  23.    Yellow Fever.
  24.    Any other life threatening microbial infection.

                                     PART II

Human Immunodeficiency Virus Infection (All forms)
24                      Laws of Malaysia                     ACT 342

                          SECOND SCHEDULE
                            [Section 33]
                             REPEALS

       (1)                            (2)
     Number                        Short title

 F.M.S. Cap. 185        Quarantine Enactment

 F.M.S. Cap. 186        Prevention of Disease Enactment

 F.M.S. Cap. 187        Vaccination Enactment

 S.S. Ord. 52 of 1939   Quarantine and Prevention of Disease Ordinance
                        1939

 S.S. Cap. 194          Lepers Ordinance

 F.M. Ord. 56 of 1950   Quarantine and Prevention of Disease Enactments
                        (Application to Kedah) Ordinance 1950

 Johore En. No. 9       Vaccination Enactment

 Johore En. No. 122     Quarantine and Prevention of Disease Enactment

 Kedah En. No. 124      Enactment No. 124 (Vaccination)

 Kelantan En. 10 of     Lepers Enactment
 1935

 Kelantan En. 5 of 1939 Prevention of Disease Enactment

 Perlis En. 4 of 1346   Quarantine and Prevention of Diseases Enactment
 (A.H.)                 1346

 Perlis En. 1 of 1345   Padang Besar Quarantine Enactment 1345
 (A.H.)

 Terengganu En. 6 of    Quarantine and Prevention of Diseases Enactment
 1356 (Revised Cap.
 84) (A.H.)

 Act 52                 Malaria Eradication Act 1971.
Prevention and Control of Infectious Diseases            25

                    LAWS OF MALAYSIA

                            Act 342

  PREVENTION AND CONTROL OF INFECTIOUS
            DISEASES ACT 1988

                    LIST OF AMENDMENTS


 Amending law               Short title          In force from

P.U. (A) 181/1995    Prevention and Control      26-05-1995
                     of Infectious Diseases
                     (Amendment of First
                     Schedule) Order 1995

P.U. (A) 243/1997    Prevention and Control      15-06-1997
                     of Infectious Diseases
                     (Amendment of First
                     Schedule) Order 1997
26                             Laws of Malaysia               ACT 342

                         LAWS OF MALAYSIA

                                     Act 342

     PREVENTION AND CONTROL OF INFECTIOUS
               DISEASES ACT 1988

                       LIST OF SECTIONS AMENDED


     Section                   Amending authority       In force from

 First Schedule               P.U. (A) 181/1995         26-05-1995

                              P.U. (A) 243/1997         15-06-1997




     DICETAK OLEH
     PERCETAKAN NASIONAL MALAYSIA BERHAD,
     KUALA LUMPUR
     BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA

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Act 342

  • 1. Prevention and Control of Infectious Diseases 1 LAWS OF MALAYSIA REPRINT Act 342 PREVENTION AND CONTROL OF INFECTIOUS DISEASES ACT 1988 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006
  • 2. 2 PREVENTION AND CONTROL OF INFECTIOUS DISEASES ACT 1988 Date of Royal Assent ... ... ... … … 13 August 1988 Date of publication in the Gazette … ... 8 September 1988 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001
  • 3. 3 LAWS OF MALAYSIA Act 342 PREVENTION AND CONTROL OF INFECTIOUS DISEASES ACT 1988 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II ADMINISTRATION 3. Appointment of authorized officers 4. Limitation of liability 5. Police assistance, etc. PART III PREVENTION OF IMPORTATION OF INFECTIOUS DISEASE 6. Declaration of infected area 7. Entry into and examination of vehicles and the measures thereafter 8. Time for examination 9. Importation or exportation of human remains and pathogenic organism or substance PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE 10. Requirement to notify infectious disease
  • 4. 4 Laws of Malaysia ACT 342 Section 11. Declaration of an infected local area 12. Infected persons not to act in a manner likely to spread infectious disease 13. Control of contaminated articles and infected animals 14. Isolation of infected persons and suspects 15. Observation or surveillance of contacts 16. Order for examination of corpse 17. Disposal of the dead 18. Disinfection and closure of premises 19. Destruction of structures 20. Selling or letting contaminated buildings 21. Power to order disinfection of certain vehicles P ART V OFFENCES AND PENALTIES 22. Offences generally 23. Prosecution 24. General penalty 25. Compounding of offences P ART VI MISCELLANEOUS 26. Requisition of premises 27. Seizure and disposal of contaminated articles, etc. 28. Recovery of costs and expenses 29. Exemption 30. Power to vary Schedule 31. Power to make regulations 32. Amendment 33. Repeals and savings FIRST S CHEDULE SECOND SCHEDULE
  • 5. Prevention and Control of Infectious Diseases 5 LAWS OF MALAYSIA Act 342 PREVENTION AND CONTROL OF INFECTIOUS DISEASES ACT 1988 An Act to amend and consolidate the law relating to the prevention and control of infectious diseases and to provide for other matters connected therewith. [Throughout Malaysia —1 April 1989, P.U. (B) 179/1989] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Prevention and Control of Infectious Diseases Act 1988. (2) This Act shall come into force on a date to be appointed by the Minister by notification in the Gazette; and the Minister may appoint different dates for the coming into force of this Act, or of different provisions thereof, in different parts of Malaysia. Interpretation 2. (1) In this Act, unless the context otherwise requires— “aircraft” includes every description of craft used in aerial navigation; “airport” means any area of land, water or space designed, equipped, set apart or commonly used for affording facilities for
  • 6. 6 Laws of Malaysia ACT 342 the take-off and landing of aircraft and includes the roof of a building which is designed, equipped or set apart for affording facilities for the take-off and landing of aircraft; “article” means any non-living movable thing including food and drugs and also includes fittings and fixtures; “authorized officer” means any Medical Officer of Health, any health inspector, or any officer appointed by the Minister under section 3; “boarding-house” includes— (a) a hotel; (b) a hostel; or (c) any institution of refuge or rest for persons needing care; “commander” means the person for the time being in command of an aircraft or a ship; “contact” means any person who has been or is likely to have been exposed to the risk of contracting an infectious disease, including any person arriving from an infected area; “contamination” means the presence of agents of an infectious disease on the surface of or in non-living things or on the body surface of living things; “derat” means to render free from rodents; “Director General” means the Director General of Health; “disinfect” means to destroy or remove the agents of disease; “disinsecting” means the operation in which measures are taken to kill noxious insects; “epidemic” means an extension of a disease by a multiplication of cases in an area; “food” includes any substance consumed by human beings or animals or any substance used in the composition or preparation of any such substance and also includes flavouring matters and condiments, but does not include drugs;
  • 7. Prevention and Control of Infectious Diseases 7 “health inspector” means any health inspector in the service of the Government or of any local authority; “immunization” means the introduction of specific antigens or antibodies into the human body with the object of conferring immunity against the disease in question, and includes vaccination; “infection” means the entry of agents of an infectious disease into living things and the multiplication of such agents in living things; “infectious disease” means any disease specified in the First Schedule; “infested” means infested with rodents or noxious insects; “International Health Regulations” means the International Health Regulations as adopted by the World Health Assembly in 1969 and as amended from time to time; “isolation” when applied to a person or a group of persons means the separation of that person or group of persons from other persons, except the personnel in charge of the care and isolation of such persons, in such a manner as to prevent the spread of infection, and includes the treatment of that person or group of persons; “Medical Officer of Health” means any medical practitioner in the service of the Government or any local authority who is for the time being carrying out the duties of a Medical Officer of Health in any area, district, or local authority area, including the airport and port limits thereof, and includes the Director General, the Deputy Director General of Health, the Director of Health Services, any Deputy Director of Health Services, any State Director of Medical and Health Services, any State Deputy Director of Medical and Health Services, the Sabah State Director of Medical Services and his Deputy and the Sarawak State Director of Medical Services and his Deputy; “medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50]; “noxious insect” means any arthropod carrying or causing or capable of carrying or causing any infectious disease, and includes the eggs, larvae and pupae of such arthropod;
  • 8. 8 Laws of Malaysia ACT 342 “observation” means the segregation of any contact or person suspected of suffering from any infectious disease for the purpose of ascertaining whether or not he is suffering from any infectious disease, and includes the treatment of that person; “pathogenic organism or substance” includes— (a) any animal; (b) any noxious insect; (c) any living germ, microbe, bacteria or virus; (d) the culture of any germ, microbe, bacteria or virus; or (e) the product of any germ, microbe, bacteria or virus, capable of causing any infectious disease; “port” means a seaport or an inland navigation port which is normally frequented by ships; “premises” includes any structure, permanent or otherwise, the land on which the structure is situated, and any adjoining land used in connection therewith, and also includes any street, open space or vehicle; “quarantine station” means any place where isolation or observation is carried out and includes an infectious disease hospital and any place declared by the Minister in the Gazette to be a quarantine station; “ship” includes any vessel used in navigation by water; “surveillance” means the subjection of any person, who is not isolated, to periodical examination or enquiry for the purpose of ascertaining his state of health and to conditions imposed by an authorized officer for such purpose; “treatment” includes all such acts and procedures as may be necessary for the purpose of determining whether a person is infected with an infectious disease; “vehicle” includes a ship, an aircraft, a train, a road vehicle and any other means of transport. (2) Any reference to “airport” or “port” includes a reference to any structure, permanent or otherwise, within the limits thereof.
  • 9. Prevention and Control of Infectious Diseases 9 PART II ADMINISTRATION Appointment of authorized officers 3. (1) The Minister may appoint any suitable person to be an authorized officer for the purposes of this Act. (2) An authorized officer shall, when acting within the scope of his powers and duties under this Act, be deemed to be a public servant within the meaning of the Penal Code [Act 574]. (3) An authorized officer shall maintain the confidentiality of all matters which come to his knowledge in the performance of his official duties under this Act and shall not communicate any such matter to any person except for the purpose of carrying into effect the provisions of this Act. (4) An authorized officer who contravenes subsection (3) commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to a fine or to both. Limitation of liability 4. (1) Nothing done by any authorized officer for the purpose of executing this Act and the regulations made thereunder shall subject the authorized officer personally to any action, liability, claim or demand whatsoever. (2) Subsection (1) shall apply to any officer acting under section 5. Police assistance, etc. 5. Police, customs and immigration officers and officers from other government departments and agencies shall render such assistance as any authorized officer may request for the purpose of enabling him to exercise the powers vested in him by this Act or the regulations made under this Act.
  • 10. 10 Laws of Malaysia ACT 342 PART III PREVENTION OF IMPORTATION OF INFECTIOUS DISEASE Declaration of infected area 6. (1) Whenever notification is received under the International Health Regulations that an infected area exists outside Malaysia, the Minister may by order in the Gazette declare such area to be an infected area for the purposes of this Act. (2) Notwithstanding the provisions of subsection (1), the Minister may, by order in the Gazette, declare any other area outside Malaysia to be an infected area. (3) The Minister may, by regulations made under this Act, prescribe the measures to be taken to prevent the introduction of any infectious disease into Malaysia from an infected area. Entry into and examination of vehicles and the measures thereafter 7. (1) An authorized officer may— (a) enter into and medically examine any vehicle at any time upon its arrival in Malaysia; (b) medically examine any person, animal or article on board such vehicle; and (c) take such samples as may be necessary for the purpose of determining the sanitary condition of such vehicle or article or the state of health of such person or animal. (2) An authorized officer may order any part of any vehicle, which he has reason to believe to be contaminated or infested, to be disinfected, disinsected or deratted to that officer’s satisfaction. (3) If in the course of a medical examination under subsection (1) an authorized officer finds or has reason to believe that any person is infected or is a contact, he may order such person — (a) to be removed to a quarantine station and detained therein for isolation or observation; or
  • 11. Prevention and Control of Infectious Diseases 11 (b) to be put under surveillance until such time as the disease is no longer communicable to others. Time for examination 8. (1) Examinations under section 7 shall be conducted at such reasonable time as may be determined by an authorized officer; and the owner of any vehicle, or his agent or servant, shall make such arrangements as may be required by the authorized officer for the examinations to take place. (2) The owner of any vehicle, or his agent or servant, who contravenes subsection (1) commits an offence. Importation or exportation of human remains and pathogenic organism or substance 9. (1) No person shall knowingly import into or export out of Malaysia— (a) any human remains, human tissues or part thereof; or (b) any pathogenic organism or substance or part thereof, except in accordance with regulations made under this Act. (2) Any person who contravenes subsection (1) commits an offence. (3) When any person is charged under this section, he shall be presumed to have knowingly imported or exported such human remains, human tissues or part thereof or such pathogenic organism or substance or part thereof until the contrary is proved. PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE Requirement to notify infectious disease 10. (1) Every adult occupant of any house in which any infectious disease appears, and every person in charge of, or in the company of, and every person not being a medical practitioner attending on, any person suffering from or who has died of an infectious disease
  • 12. 12 Laws of Malaysia ACT 342 shall, upon becoming aware of the existence of such disease, with the least practicable delay notify the officer in charge of the nearest district health office or government health facility or police station or notify the nearest village head of the existence of such disease. (2) Every medical practitioner who treats or becomes aware of the existence of any infectious disease in any premises shall, with the least practicable delay, give notice of the existence of the infectious disease to the nearest Medical Officer of Health in the form prescribed by regulations made under this Act. (3) The person in charge of any boarding-house shall, with the least practicable delay, notify the officer in charge of the nearest district health office or government health facility or police station if he knows or has reason to believe that any person in the boarding- house is suffering from or has died of an infectious disease. (4) Any police officer or village head receiving notification under this section shall, with the least practicable delay, notify the officer in charge of the nearest district health office or government health facility. (5) Any person who contravenes this section commits an offence. (6) When any person is charged under this section, he shall be presumed to have known of the existence of the infectious disease or to have had reason to believe that an infectious disease existed, unless he shows to the satisfaction of the Court before which he is charged that he did not know and could not with reasonable diligence have obtained knowledge of the infectious disease or that he did not have reason to believe that an infectious disease existed. Declaration of an infected local area 11. (1) If the Minister is satisfied that there is an outbreak of an infectious disease in any area in Malaysia, or that any area is threatened with an epidemic of any infectious disease, he may, by order in the Gazette, declare such area to be an infected local area. (2) The Minister may, by regulations made under this Act, prescribe the measures to be taken to control or prevent the spread of any infectious disease within or from an infected local area.
  • 13. Prevention and Control of Infectious Diseases 13 (3) During the continuance in force of an order made under subsection (1), it shall be lawful for any authorized officer to direct any person or class or category of persons living in an infected local area or in any part thereof to subject himself or themselves— (a) to treatment or immunization; (b) to isolation, observation or surveillance, the period of which being specified according to circumstances; or (c) to any other measures as the authorized officer considers necessary to control the disease. (4) It shall be lawful for an authorized officer to use such force, with or without assistance, as may be necessary and to employ such methods as may be sufficient to ensure compliance with any direction issued under subsection (3). (5) Any person who refuses to comply with any direction issued under subsection (3) commits an offence. Infected persons not to act in a manner likely to spread infectious disease 12. (1) No person who knows or has reason to believe that he is suffering from an infectious disease shall expose other persons to the risk of infection by his presence or conduct in any public place or any other place used in common by persons other than the members of his own family or household. (2) No person who knows or has reason to believe that he is suffering from any infectious disease specified in Part II of the First Schedule shall do any act which he knows or has reason to believe is likely to lead to the spread of such infectious disease. (3) Any person who contravenes this section commits an offence. (4) This section shall not apply to any person whose presence or conduct in such place as mentioned in subsection (1) is necessary for the purpose of obtaining medical treatment.
  • 14. 14 Laws of Malaysia ACT 342 Control of contaminated articles and infected animals 13. (1) No person who knows or has reason to believe that any article is contaminated or that any animal is infected or contaminated shall give, lend, sell, transmit, use or expose such article or animal without prior disinfection. (2) Any person who contravenes subsection (1) commits an offence. (3) This section shall not apply to any person who transmits, with proper precautions, any article or animal for the purpose of having it disinfected. Isolation of infected persons and suspects 14. An authorized officer may cause any person who is infected or whom he has reason to believe to be infected to be removed to a quarantine station for treatment and may detain the person at the station until he can be discharged without danger to the public. Observation or surveillance of contacts 15. (1) An authorized officer may order any contact to undergo observation in such place and for such period as he may think fit, or to undergo surveillance until he may be discharged without danger to the public. (2) For the purposes of subsection (1), an authorized officer may use such force as may be necessary to ensure compliance with his order. Order for examination of corpse 16. Whenever an authorized officer suspects that a person has died of an infectious disease, he may order the corpse to be conveyed to such place as he may appoint for such examination as he may consider necessary. Disposal of the dead 17. (1) Where— (a) a person has died or is suspected to have died of an infectious disease; and
  • 15. Prevention and Control of Infectious Diseases 15 (b) an authorized officer has given directions as to the manner in which the corpse of such person is to be buried or cremated, no person shall bury or cremate such corpse otherwise than in accordance with the directions of the authorized officer. (2) Any person who contravenes subsection (1) commits an offence. Disinfection and closure of premises 18. (1) If an authorized officer has reason to believe that there has been a person with an infectious disease on any premises, or that there exist on any premises conditions likely to lead to the outbreak or spread of any infectious disease, he may do any or all of the following: (a) examine or cause to be examined any person found on the premises with a view to ascertaining if the person is suffering or has been suffering from an infectious disease; (b) examine the premises and any article or animal on the premises with a view to ascertaining if they are contaminated or infected, as the case may be; (c) order the premises or any part thereof to be disinfected, disinsected and deratted; (d) order the premises or any part thereof to be closed until the premises have been thoroughly disinfected, disinsected and deratted; (e) order the disinfection of all contaminated articles and infected or contaminated animals on the premises or, if such article or animal is incapable of being thoroughly disinfected, order its destruction; (f) do any other act to prevent the outbreak or the spread of any infectious disease. (2) An authorized officer may at any time enter any premises for the purpose of exercising the powers conferred upon him by subsection (1).
  • 16. 16 Laws of Malaysia ACT 342 Destruction of structures 19. (1) A Medical Officer of Health may order the destruction of any structure where a case of infectious disease has occurred if the structure is incapable of being thoroughly disinfected. (2) The Medical Officer of Health shall report to the Director General every order made under subsection (1). Selling or letting contaminated buildings 20. (1) Where an authorized officer is satisfied that there is or has been a case of infectious disease in any building and that it is necessary so to do, he may issue an order prohibiting any person from selling or letting such building or any part thereof without the certificate in writing of an authorized officer certifying that such building, or part thereof, and articles therein— (a) have been disinfected to the authorized officer’s satisfaction; or (b) need not be disinfected, as the case may be. (2) Any person who contravenes any order issued under subsection (1) commits an offence. (3) For the purpose of this section, “letting” includes the admission of any person into a boarding house as a paying lodger. Power to order disinfection of certain vehicles 21. Where an authorized officer is satisfied that any vehicle has been used to convey any person suffering from an infectious disease, the authorized officer may cause such vehicle to be disinfected. PART V OFFENCES AND PENALTIES Offences generally 22. Any person who— (a) obstructs or impedes, or assists in obstructing or impeding, any authorized officer in the execution of his duty;
  • 17. Prevention and Control of Infectious Diseases 17 (b) disobeys any lawful order issued by any authorized officer; (c) refuses to furnish any information required for the purposes of this Act or any regulations made under this Act; or (d) upon being required to furnish any information under this Act or any regulations made under this Act, gives false information, commits an offence. Prosecution 23. Any authorized officer may appear in court and conduct any prosecution with respect to any offence against this Act or any regulations made under this Act. General penalty 24. Any person guilty of an offence under this Act for which no specific penalty is provided shall be liable on conviction— (a) in respect of a first offence, to imprisonment for a term not exceeding two years or to fine or to both; (b) in respect of a second or subsequent offence, to imprisonment not exceeding five years or to fine or to both; (c) in respect of a continuing offence, to a further fine not exceeding two hundred ringgit for every day during which such offence continues. Compounding of offences 25. The Director General or any public officer authorized for this purpose by him in writing may compound any offence under this Act or any regulations made under this Act which has been prescribed by regulations as compoundable by collecting from the offender a sum of money not exceeding one thousand ringgit.
  • 18. 18 Laws of Malaysia ACT 342 PART VI MISCELLANEOUS Requisition of premises 26. (1) Whenever it appears to the Director General necessary for the carrying out of any of the provisions of this Act and the regulations made under this Act, he may in writing authorize any authorized officer to requisition temporarily any premises for such period as in the opinion of the Director General is necessary. (2) Where any premises are requisitioned under subsection (1), the premises shall be cleansed and disinfected before being returned to the owner. (3) Where any premises are requisitioned under subsection (1), the owner thereof shall be paid such compensation as may be agreed between him and the Director General or, in default of agreement, be determined by arbitration in accordance with the provisions of the *Arbitration Act 1952 [Act 93]. Seizure and disposal of contaminated articles, etc. 27. (1) Without prejudice to any other power conferred under this Act, an authorized officer may seize any article which is or is likely to have been contaminated, or which contains or appears to contain any pathogenic organism or substance, and may seize any animal which is or is likely to have been infected or contaminated. (2) Where any article or animal seized under subsection (1) is incapable of being thoroughly disinfected and the owner or the person in whose possession the article or animal was at the time of the seizure consents in writing to the destruction of the article or animal, the article or animal may be destroyed or otherwise disposed of as the authorized officer may direct. (3) Where any article or animal seized under subsection (1) is incapable of being thoroughly disinfected and the owner or person in whose possession the article or animal was at the time of the seizure does not consent to the destruction of the article or animal, the authorized officer shall apply to a Magistrate for an order for the disposal of the article or animal and the Magistrate may make *NOTE—Arbitration Act 1952 [Act 93] has since been repealed by Arbitration Act 2005 [Act 646] w.e.f. 15 March 2006—see section 51 of Act 646
  • 19. Prevention and Control of Infectious Diseases 19 such order as he may deem fit, including an order for the destruction of such article or animal, notwithstanding that no one has been charged with or convicted of any offence in connection with the article or animal. Recovery of costs and expenses 28. (1) The Government may recover from the owner of any vehicle, or his agent or servant, any cost and expenses charged or incurred by the Government under this Act or the regulations made under this Act for all or any of the following: (a) the removal, medical attendance and maintenance of any person who is or is suspected to be suffering from an infectious disease and who is removed to any hospital or place from such vehicle for medical treatment or for isolation or observation; (b) the burial or cremation of any person who dies of an infectious disease on such vehicle, or who dies of an infectious disease after removal to hospital from such vehicle; (c) the cleansing, disinsecting, disinfection and deratting of such vehicle or of any part thereof; (d) the disposal of contaminated articles or infected or contaminated animals on such vehicle. (2) Any cost or expenses charged or incurred by the Government under this Act or any regulations made under this Act may, without prejudice to any other remedy, be recovered by civil proceedings as a debt due to the Government. Exemption 29. (1) The Minister may, by order published in the Gazette, exempt— (a) any person or class of persons; (b) any article; (c) any vehicle; (d) any human remains, human tissues or part thereof;
  • 20. 20 Laws of Malaysia ACT 342 (e) any animal; or (f) any pathogenic organism or substance, from the operation of any of the provisions of this Act or any regulations made under this Act. (2) The Minister may, in making the order under subsection (1), impose such conditions as he thinks fit. Power to vary Schedule 30. The Minister may, from time to time, by order in the Gazette delete any provision from or add to, alter or amend the provisions of the First Schedule. Power to make regulations 31. (1) The Minister may make regulations, in respect of the whole or any part of Malaysia, including airports, ports, coastal waters and land frontiers thereof, for carrying the provisions of this Act into effect. (2) Without prejudice to the generality of the powers conferred by subsection (1), regulations under this section may provide for all or any of the following matters: (a) the establishment and maintenance of facilities on land or sea or at the common frontier of contiguous territories for health measures to be applied to local and international traffic; (b) regulating the entry and movement of any vehicle and prescribing the measures to which the vehicle shall be subject, to prevent the outbreak of infectious diseases; (c) regulating— (i) the entry of persons into, their movements within, and their departure from, Malaysia; (ii) the importation and exportation of articles; (iii) the importation and exportation of human remains, human tissues or part thereof;
  • 21. Prevention and Control of Infectious Diseases 21 (iv) the importation and exportation of pathogenic organisms and substances; (d) regulating the sanitary standards required for ships and aircraft registered in Malaysia; (e) regulating the sanitary standards required for ships and aircraft coming into Malaysia; (f) the duties to be performed by commanders and other persons who are or have been on board any vehicle, or who are desirous of boarding the vehicle, to prevent the spread of infectious diseases; (g) regulating the sanitary standards required for ports, airports and their surroundings and the health standards of persons employed thereat; (h) regulating quarantine procedures and the management of quarantine stations; (i) the detention, isolation and observation in a quarantine station of persons suffering from or suspected to be suffering from an infectious disease; (j) regulating the cleansing and disinfection of premises— (i) where there has been a case or suspected case of infectious disease; or (ii) which are suspected of being contaminated with the agents of infectious disease; (k) regulating the removal and disinfection or destruction of articles which have been or are suspected to have been contaminated with the agents of infectious disease; (l) the prevention and control of the spread of infection by insects, rodents or other animals; (m) prescribing sanitary standards and sanitary facilities for premises; (n) the inspection of premises and articles therein; (o) the collection and transmission of epidemiological and health information and the compulsory reporting of infectious diseases;
  • 22. 22 Laws of Malaysia ACT 342 (p) prescribing the fees to be paid under this Act and the regulations made under this Act; (q) the payment to the Government of any costs and expenses charged or incurred for the medical attendance and maintenance of persons removed to hospitals or quarantine stations; (r) prescribing offences which may be compounded and the procedure for compounding; (s) prescribing the forms to be used under this Act and the regulations made under this Act; (t) such other matters as may appear to the Minister advisable for the prevention or mitigation of infectious diseases. Amendment 32. The Lepers Enactment of the Federated Malay States [F.M.S. Cap. 180] is amended by repealing sections 4, 5, 6, 7, 8, 10, subparagraph 11(iv), section 12, subparagraph 13(ii), sections 14, 15, 17, 19, 21 and 24 and the Schedule to the Enactment. Repeals and savings 33. (1) The written laws set out in the Second Schedule are repealed. (2) This repeal shall not affect anything duly done or suffered or any right, privilege, obligation or liability acquired, accrued or incurred under those written laws; and in particular (without prejudice to the generality of the foregoing) any agreement, appointment, approval, designation, notice or recognition made or given under those laws shall continue in force and have effect as if it had been made or given under this Act.
  • 23. Prevention and Control of Infectious Diseases 23 F IRST SCHEDULE [Section 2] INFECTIOUS DISEASES PART I 1. Chancroid. 2. Cholera. 3. Dengue Fever and Dengue Haemorrhagic Fever. 4. Diphtheria. 5. Dysenteries (All forms). 5A. Ebola. 6. Food Poisoning. 7. Gonococcal Infections (All forms). 8. Leprosy. 9. Malaria. 10. Measles. 10 A. Myocarditis. 11. Plague. 12. Poliomyelitis (Acute). 13. Rabies. 14. Relapsing Fever. 15. Syphilis (All forms). 16. Tetanus (All forms). 17. Tuberculosis (All forms). 18. Typhoid and Paratyphoid Fevers. 19. Typhus and other Rickettsioses. 20. Viral Encephalitis. 21. Viral Hepatitis. 22. Whooping Cough. 23. Yellow Fever. 24. Any other life threatening microbial infection. PART II Human Immunodeficiency Virus Infection (All forms)
  • 24. 24 Laws of Malaysia ACT 342 SECOND SCHEDULE [Section 33] REPEALS (1) (2) Number Short title F.M.S. Cap. 185 Quarantine Enactment F.M.S. Cap. 186 Prevention of Disease Enactment F.M.S. Cap. 187 Vaccination Enactment S.S. Ord. 52 of 1939 Quarantine and Prevention of Disease Ordinance 1939 S.S. Cap. 194 Lepers Ordinance F.M. Ord. 56 of 1950 Quarantine and Prevention of Disease Enactments (Application to Kedah) Ordinance 1950 Johore En. No. 9 Vaccination Enactment Johore En. No. 122 Quarantine and Prevention of Disease Enactment Kedah En. No. 124 Enactment No. 124 (Vaccination) Kelantan En. 10 of Lepers Enactment 1935 Kelantan En. 5 of 1939 Prevention of Disease Enactment Perlis En. 4 of 1346 Quarantine and Prevention of Diseases Enactment (A.H.) 1346 Perlis En. 1 of 1345 Padang Besar Quarantine Enactment 1345 (A.H.) Terengganu En. 6 of Quarantine and Prevention of Diseases Enactment 1356 (Revised Cap. 84) (A.H.) Act 52 Malaria Eradication Act 1971.
  • 25. Prevention and Control of Infectious Diseases 25 LAWS OF MALAYSIA Act 342 PREVENTION AND CONTROL OF INFECTIOUS DISEASES ACT 1988 LIST OF AMENDMENTS Amending law Short title In force from P.U. (A) 181/1995 Prevention and Control 26-05-1995 of Infectious Diseases (Amendment of First Schedule) Order 1995 P.U. (A) 243/1997 Prevention and Control 15-06-1997 of Infectious Diseases (Amendment of First Schedule) Order 1997
  • 26. 26 Laws of Malaysia ACT 342 LAWS OF MALAYSIA Act 342 PREVENTION AND CONTROL OF INFECTIOUS DISEASES ACT 1988 LIST OF SECTIONS AMENDED Section Amending authority In force from First Schedule P.U. (A) 181/1995 26-05-1995 P.U. (A) 243/1997 15-06-1997 DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA